Transcript Components of the Criminal Justice System

Criminal Justice Reform
Brussels, 18 June 2013
Katarina MOTOSKOVA
DEVCO B1 –Governace Democracy Human Rights and Gender
EuropeAid Development and Co-operation Directorate General
European Commission
Contents:
- a short portrait of the criminal justice: what, who,
how?
- most common problems encountered
- examples from the field
What are the key functions of Justice Sector?
Overview of functions of justice sector
JUSTICE SECTOR
INSTITUTIONS (FORMAL AND
TRADITIONAL)
RULE OF LAW
DISPUTE
RESOLUTION
PROTECTION
OF CITIZEN
RIGHTS VIS-AVIS STATE
CRIMINAL
JUSTICE AND
ENFORCEMENT
OF THE LAW
STABLE AND PEACEFUL
SOCIETY
PEOPLE
ACCOUNTABILI
TY AND
OVERSIGHT
MECHANISMS
The criminal justice chain in practice:
Crime
Emmanuel
the Victim
case of Haiti
reported at
commits
crime
(Theo)
police
station
Imprisonment
Acces
s to
justice
Police
investigation
(preliminary)
Reparations
Arrest of
Emmanuel
Court trial
Prosecutors’
investigation
Investigative
Judge
Pre-trial
detention
Witness
protection
Justice institutions and criminal justice
What are the key components of the Criminal
Justice?
Components of the Criminal Justice System
Law
enfoncement
Prosecution
Judiciary
Corrections
What are the possible entry points for the
Criminal Justice Reform?
Reform of the criminal justice system
Ways to improve the efficiency of the criminal justice chain (supply
side):
- Reinforce links and collaborations between the actors of the
criminal chain
- Potential entry points:
• Investigations capacity
• SOPs (e.g. case management)
• Pre-trial detention
• Protection of witnesses, victims,
investigators, judges
• Prison conditions and security
• Enforcement of Courts decisions
What are the universal problems?
Excessive use of Pre-Trial Detention &
Prison Overcrowding
• 1. Inform public opinion
• 2. Improve access to, and co-ordination within, the criminal
justice system
• 3. Invest in crime prevention and crime reduction
• 4. Divert minor cases from the criminal justice system
• 5. Reduce pre-trial detention
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Excessive use of Pre-Trial Detention &
Prison Overcrowding
• 6. Develop constructive alternatives to custodial sentences
• 7. Reduce sentence lengths and ensure consistent
sentencing practice
• 8. Develop special arrangements for youth offenders that
keep them out of prison
• 9. Treat rather than punish mentally disordered offenders and
drug addicts
• 10. Ensure the system is fair to all
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Examples from the field
• Identifying and removing pre trial remandees past their pre-trial
date: Cameroon
• Mobile Courts in prisons: Kenya & Ghana
• Engaging with the criminal justice stakeholders: Uganda
• Using diversion, bail and fines rather than pre trail detention:
Mauritius
• Alternative dispute resolution as a means to decongest the
prison system: Nigeria
• Alternatives to imprisonment: Botswana
• Using traditional and community courts: Sierra Leone
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